Los Angeles daily herald., 1887-03-23
PROCLAMATION! /!
STA Z OF CALIFORNIA,
EXECUTIVE DEP RTMENT,
SACRAMENTO. Ma ch 10, lsS7

e.
SACRAMENTO, Ma ch 10. 1sS7)
WHEREAS, the Legislature of the State of
California, at its twei ty-seventh session. be-
ginning on the third day of January, A. D.
eighteen hundred AMI eighty-seven, two.
thirrs of all the members elec ed to esch Of
the two Houses of aid Legislature voting in
favor the reof, propos' the following de-
scribed amendments to the Constitution OF
the State OF California, to wit
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
meDt.
Rssolred, That the Legislature of the State
OF Cslifornis, a. its regulsr sess on, COM
meucing on the third day of January, A. d,
thirds of all the members elece TO each Of
the Houses OF said Legislature vo ing in ia
YER thereof, hereby propose that sec ions
two and three OF Article vi, OF the Cou.ttu-
follows:
Section2 2. The Supreme Court sha l c ~
st of seven Justices The Associate Jus
tces of tn. Su rene Court, in office at the
t me of tre adoption OF this amendment to
the Constitution are hereby cO1tin led in
office as Justices OF the Supreme Court or
the remainder Of the te ms to which they
were rt respectively ell C ed. The Justices
shall elect one of their nu nber 10 be Chief
in tic-, and . shall hold he Office of Chief
Jus ice OF said court for ,erm OF tw
years At the expirat on of the term of the
Chief Just ce first elected, and everytSO
years thereafter the Justices shall elect
Chief Justsee iur Ike ferm of two ye RS.
An entry OF the eIec ION of such Chief Jus
tice shal be made in the m nutes OF the
court and signed by four Justices. When.
ever thereafter vacancy occurs in the Of
flee OF Chief Justice. like Ell, ciion hall
be had to nil such office f"r the unexpired
term. he Supreme G urt NAV sit in de-
partmens or in bank, and shall always be
open for the transaction of business There
S. a be two departments, denominated. re
spectively, Department Que and apartment
lwo. The Chief Juhtice shall assign three
uch assignment may be chsnged bv him
ON time to time. he J ices shal be
competent to sit in either departm mt, and
may interc iange with CHI other by aaree
ment among thems elves or as ordered by
the Chief Justice. Esch of the departments
shall have the power to hear and determine
causes and all questions arising therein,
subject to the PROVISIONS hereinafter con-
taiued in relation to The Court in bank. The
pre-. ence of three Justice shall be Necessary
to transact any husihe, s in it er Of the de.
nartments, except such as may re done at
chsmb, RS, and the Con urrence OF two Jus
tees shall he necess-ry to pronounce
judgment. The Chief Just ce shall apporliou
the business to the Departments and N Y,
III his secretion, order any cause pending
before the Court to be heard and decided by
the Court in bank. TIE order may be n ade
before or after judgment pronounced by
department; but wnere Cause has been al
lotted TO enc OF the departments, and q judg.
ment pronou ced there d, the order mus
De made within thirty days after such jIdg-
nentsnd concurrsd in By tSoJnstices, andif
so made it shall have the effect to vacate and
set asi1e the judgment Any four Justices
may, eth before or after Judgment by
department. order n case 10 be he rd in
bank. II the order be not made wit in the
time above limited. the judgment shall be
fual. No judgment by d department snail
period of thirty davs aforesaid, unless ap-
proved by the Chief Justice. /, writing,
with the concurrence OF two Justices. The
Chief Justice may conve'e the Court in
hank at any time. and shall be the presiding
Ju.tice Of the Court when so convt ned. The
concurrence OF tour Justices present at the
argument shall be necessary TO pronounce a
judgment in bank; but If four Jus ices, SO
present, do not concur in JUDGMENT, then
all the Justices qualified to sit In the cause
snail hear the argument; but 10 render a
judgment concurrence of four Judges
shall be necessary. In the determin4 alton
bank, or in departments, shall be given
in writing and the grounds of the decision
shall be stated. The Chief JUST c. may lit
in either department, and shall preside
when 80 sitting, but the Justices assigned
to eacn department. shall select one of their
number as presiding Justice. In case of
the absence OF the Chief Justice from the
pl ce at which the court is held, or his ina
bility to act, the Associate Justices shall'se-
lect one OF the own number TO perform
the duties and exercise the powers of the
Chief Justice during such absence or ina
bility to act. The supreme Court Commits
zion, created by the act OF the Legislature,
approved March twelfth, eighteen hundred
and eighty-five shall continu and be Su
preme Court Commission for four years af-
ter the adoption of this amendment. Said
commission may be continued for such
time thereaft as may be fixed by an act
members of each House of the Legislature,
and approved by the Governor. The men,
bers thereof and Secretary shall be ap-
pointed as In said act provided; and such
shall be subject to removal
in like manner as the Judges Of the Su-
preme Court. Said commission shall have
the same power to hear and det .rmine
causes possessed by q department of the
Supreme Court. and causes may be- eassfgned
to the commission In the same manner they
are assigned to a department., and after de-
rision they may be Ordered heard In bank
IN the same way, and with like restrictions
rs il deci ed in department.. The judg. |
n ents of the commission shall be entered
rs the judgments Of the court. The COM |
nissio shall sit at such times and places rs |
nav be designated by the court, but such /
rs shall not exercise any /
-dicisi functions except when assem-
,led as a commission, and then they
hall only have power to hear and deter
nine such causes as may have been assigned
o them.
Section 8. The Justices of the Supreme
,ourt shall be elected by the qualified
electors OF the State at large, ct the general
,tale elections and the times and places at
which State officers are elected d; and the
elm Of once shall be twelve years. from